Campos Alzheimer’s Bill Gives Existing Facilities Until 2030

The text as introduced · 730 words

89R10005 KRM-F

By: Campos
H.B. No. 2376

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for facilities that provide care and

services to persons with Alzheimer's disease and related disorders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 242.040, Health and

Safety Code, is amended to read as follows:

Sec. 242.040. CERTIFICATION OF NURSING FACILITIES

[ INSTITUTIONS ] THAT PROVIDE CARE AND TREATMENT FOR PERSONS WITH

ALZHEIMER'S DISEASE AND RELATED DISORDERS.

SECTION 2. Section 242.040, Health and Safety Code, is

amended by amending Subsections (a), (b), (c), (e), and (f) and

adding Subsections (b-1), (b-2), and (b-3) to read as follows:

(a) The commission [ department ] shall establish a system

for certifying nursing facilities [ institutions ] that meet

standards adopted by the executive commissioner concerning the

specialized care and treatment of persons with Alzheimer's disease

and related disorders.

(b) A nursing facility may [ An institution is ] not [ required

to be certified under this section in order to ] provide care and

treatment for [ of ] persons with Alzheimer's disease and related

disorders unless the facility holds a certification issued under

this section .

(b-1) Notwithstanding Subsection (b) and subject to

Subsection (b-2), a nursing facility is not required to hold a

certification issued under this section to provide care and

treatment for persons with Alzheimer's disease and related

disorders before January 1, 2030.

(b-2) A nursing facility initially licensed under this

chapter on or after January 1, 2027, must hold a certification

issued under this section to provide care and treatment for persons

with Alzheimer's disease and related disorders.

(b-3) Subsections (b-1) and (b-2) and this subsection

expire September 1, 2032.

(c) The executive commissioner by rule shall [ may ] adopt

standards for the specialized care and treatment of persons with

Alzheimer's disease and related disorders and provide procedures

for nursing facilities [ institutions ] applying for certification

under this section. The rules must provide for a three-year

certification period.

(e) A nursing facility [ An institution ] may not advertise or

otherwise communicate that the facility [ institution ] is certified

by the commission [ department ] to provide specialized care or

treatment for persons with Alzheimer's disease or related disorders

unless the facility [ institution ] is certified under this section.

(f) The executive commissioner by rule shall adopt a system

under which an appropriate number of certifications issued by the

commission [ department ] expire on staggered dates occurring in each

three-year period. If the expiration date of a certification

changes as a result of this subsection, the commission [ department ]

shall prorate the certification fee relating to that certification

as appropriate.

SECTION 3. The heading to Section 247.029, Health and

Safety Code, is amended to read as follows:

Sec. 247.029. CLASSIFICATION OF FACILITIES THAT PROVIDE

PERSONAL CARE SERVICES TO [ FOR ] PERSONS WITH ALZHEIMER'S DISEASE OR

RELATED DISORDERS .

SECTION 4. Section 247.029, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsections (a-1),

(a-2), and (a-3) to read as follows:

(a) The executive commissioner by rule shall establish a

classification and license for a facility that [ advertises,

markets, or otherwise promotes that the facility ] provides personal

care services to residents who have Alzheimer's disease or related

disorders. A facility may not [ is not required to be classified

under this section to ] provide personal care services [ care or

treatment ] to residents who have Alzheimer's disease or related

disorders unless the facility is classified under this section .

(a-1) Notwithstanding Subsection (a) and subject to

Subsection (a-2), a facility is not required to be classified under

this section to provide personal care services to persons with

Alzheimer's disease or related disorders before January 1, 2030.

(a-2) A facility initially licensed under this chapter on or

after January 1, 2027, must be classified under this section to

provide personal care services to persons with Alzheimer's disease

or related disorders.

(a-3) Subsections (a-1) and (a-2) and this subsection

expire September 1, 2032.

SECTION 5. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules necessary to implement

the changes in law made by this Act.

SECTION 6. This Act takes effect September 1, 2025.